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Friday, March 02, 2007
Thomas Sowell :: Townhall.com Columnist
High Court and Low Politics: Part IV
by Thomas Sowell
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Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


Attorney General Alberto Gonzales would probably be an improvement over some -- perhaps most -- of those currently serving on the High Court. But he should be nominated only if he is the best person available of any race, color, creed or national origin.

The Supreme Court does not exist for feel-good photo ops. The difference between the best and the second best can be momentous in the lasting consequences of Supreme Court decisions.

Some of the most disheartening glimpses inside the Supreme Court in "Supreme Conflict" are of the petty considerations that influence how some justices decide issues of historic consequence.

Not only Justice Anthony Kennedy's flip-flops on Constitutional issues but also his expressed concern over what public reaction would be to the Supreme Court's decisions betray someone who cannot keep his eye on the ball, even when it is the biggest ball around.

Justice Kennedy's fascination with foreign law as a basis for decisions about American law suggests a disregard for the Pandora's Box that this opens. It might also suggest someone overly impressed with being part of the worldwide legal Olympians who need to impose from on high the way the rest of us should live, regardless of what the Constitution of the United States says.

Justice Sandra Day O'Connor's over-sensitive reactions to criticisms of her decisions by dissenting justices -- whether William Brennan on the left or Antonin Scalia on the right -- also comes out in "Supreme Conflict."

Even after her retirement, Justice O'Connor refused to deal with the substance of Justice Scalia's criticisms, on grounds that he apparently did not express them nicely enough for her taste. Whether those criticisms were valid seems not to have been her concern.

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About The Author
Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.
 
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Please save me
Gonzales better? Supports affirmative action, illegal immigrants, goes after border patrolmen while giving a pass on drug smugglers and leakers of the most sensitive information. Anyone remember Mr. cash-in-the-freezer Jefferson who the FBI, at least thought important, until Bush-Gonzales decided to throw out the evicence and sit on the case. Now he is on the Homeland Security Committee and almost got onto the House Ways and Means Committee, except that even Nancy Pelosi had more sense than Bush-Gonzales. Please spare me.

Thomas is "not qualified"
Thomas is not qualified to write about the Supreme Court. He is not a legal scholar. And he doesn't seem to put much energy into preparing his columns. It looks to me that his "research" for these last four columns was: Reading one book.

Thomas, try to figure out what you are competent at, and stick to it.
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